It’s official now. At least in Uttar Pradesh, it is official. A child born out of rape will have inheritance rights over the property of the assaulter, the “biological father”.
A Division Bench of the Allahabad High Court presided over by Justice Shabihul Hasnain and Justice D K Upadhayaya, said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property.
The court, however, added that if the child is given away for adoption, then he/she will not have any rights on the property of the biological father.
“It is thus noted that the rights of inheritance of the new-born child would be governed byhis/ her Personal Law and for that purpose he/she would be treated as an illegitimate child of his/her biological father.
But if the child is not adopted by anyone, no directions of the court would be required and he/she would automatically inherit the property of her biological father according to the personal law by which he/she is governed.
The court took up the issue of inheritance after they were confronted with the problem of rehabilitating a 13-year-old rape survivor and her just-born child.
The class five student from Barabanki was raped and impregnated in February, this year. The pregnancy, however, was only diagnosed in July, after the minor complained of stomach ache, by which time it was too late to abort. With the survivor also standing the risk of being abandoned by parents due to social stigma, the court began considering other rehabilitation options for mother and child. A bench was appointed on September 23 to examine the scope for inheritance of the ‘biological father’s’ property.
As a part of it’s latest judgement, the Allahabad High Court also directed Uttar Pradesh government to provide an additional Rs.10 lakh compensation to a minor rape survivor and make arrangements for her free residential education up to degree level and employment thereafter. The state government had already provided Rs.3 lakh as compensation.
The court also made it clear that it was not giving any specific direction for inheritance of property for the child, in this case, because it may have grave consequences, if father starts claiming some special reproach privileges over the minor like rights of visitation or custody, which is undesirable. Further, the court said, since the criminal trial is yet to commence against the alleged biological father, there is a possibility that a direction relating to inheritance in his/her property may be used by the accused in some form as his defence or even otherwise during his trial.
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